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SENATE JOURNAL

Sixty-second General Assembly

STATE OF COLORADO

First Regular Session

98th Legislative Day Tuesday, April 13, 1999


Call to By the President at 9:00 a.m.

Order

Prayer By the chaplain, Rev. Gilbert Caldwell, Park Hill Methodist Church, Denver.

Roll Call Present--Total, 33.

Absent/Excused--Lacy, Weddig--Total, 2.

Present later--Lacy, Weddig.

Quorum The President announced a quorum present.

Reading of On motion of Senator Epps, reading of the Journal of April 12th was

Journal dispensed with and the Journal stands approved as corrected by the Secretary.


SENATE SERVICES REPORT

Senate Correctly printed: SB 99-227; also SJR 99-29, 30, 31, 32, 34.

Services

Correctly engrossed: SB 99-84.

To the Governor for signature on Monday, April 12, 1999, at 2:20 pm:

SB 99-44, 137, 142.



INTRODUCTION OF BILL--FIRST READING

The following bill was read by title and referred to the committee indicated:

SB 99-228 by Senators Owen, Anderson, Hillman, Lacy, Tanner, and Weddig; also Representatives Dean, Hagedorn, Leyba, May, and T. Williams--Concerning the allocation of moneys to the employment support fund.

Local Government

SIGNING OF BILLS

The President has signed: HB99-1027, 1061, 1071, 1301, 1310.

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the Senate proceeded out of order for Consideration of SJM99-002.

______________________________



CONSIDERATION OF MEMORIAL

SJM 99-002 by Senators Anderson, Blickensderfer, Chlouber, Congrove, Dennis, Dyer, Epps, Feeley, Hernandez, Lacy, Lamborn, Linkhart, Martinez, Matsunaka, Musgrave, Nichol, Owen, Pascoe, Perlmutter, Powers, Reeves, Rupert, Sullivant, Tanner, Tebedo, Thiebaut, Wattenberg, and Wham; also Representatives George, Tool, Alexander, Allen, Bacon, Berry, Chavez, Clarke, Dean, Gordon, Gotlieb, Grossman, Hagedorn, Hefley, Johnson, Kaufman, Keller, Lawrence, Leyba, Mace, May, McElhany, McPherson, Miller, Morrison, Paschall, Pfiffner, Saliman, Sinclair, Smith, Spradley, Swenson, Takis, Tate, Taylor, Tupa, Veiga, S. Williams, T. Williams, Witwer, Young, and Zimmerman--Memorializing Senator and former Representative Anthony S. "Tony" Grampsas.

(Printed in Senate Journal, April 5, pages 680-682.)

On motion of Senator Anderson, the Resolution was ADOPTED by the following roll

call vote:

YES 34


NO 0


EXCUSED 1


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

Y

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

E

Perlmutter

Y

Wattenberg

Y

Congrove

Y

Lamborn

Y

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


Co-sponsors added: Andrews, Arnold, Evans, Hillman, Phillips, Teck, Weddig.


THIRD READING OF BILL--FINAL PASSAGE

On Third Reading, the title of the following bill was publicly read, the reading at length having been dispensed with by unanimous consent:

SB 99-084 by Sen. Chlouber--Concealed Handgun Permits

The question being "Shall the bill pass?" the roll was called with the following result:

YES 24


NO 11


EXCUSED 0


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

Y

Tanner

N

Andrews

Y

Feeley

N

Nichol

Y

Tebedo

N

Arnold

Y

Hernandez

N

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

N

Thiebaut

N

Chlouber

Y

Lacy

Y

Perlmutter

Y

Wattenberg

Y

Congrove

Y

Lamborn

Y

Phillips

N

Weddig

Y

Dennis

Y

Linkhart

N

Reeves

N

Wham

Y

Dyer

Y

Martinez

N

Rupert

N

Mr. President

Y

Epps

Y

Matsunaka

Y

Sullivant

Y


A majority of all members elected to the Senate having voted in the affirmative, the bill was declared PASSED.

Co-sponsors added: Arnold, Epps, Lamborn, Musgrave.

Senate in recess.

Senate reconvened.


Call of Call of Senate.

Senate

Call Raised.

Senate in recess.

Senate reconvened.

Call of Call of Senate.

Senate

Call Raised.

Senate in recess.

Senate reconvened.

MESSAGE FROM THE HOUSE:

April 13, 1999

Mr. President:

The House has adopted the First Report of the First Conference Committee on SB99-215, as printed in House Journal, April 13, and has repassed the bill as so amended. The bill is returned herewith.




FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON SB99-215

*****************************

THIS REPORT AMENDS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on SB99-215, concerning the provision for payment of the expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 1999, except as otherwise noted, has met and reports that it has agreed upon the following:

1. That the Senate accede to the House amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 85, line 7, in the ITEM & SUBTOTAL column, strike "340,424" and substitute "326,024", in the GENERAL FUND column, strike "137,741(M)" and substitute "130,541(M)", and, in the FEDERAL FUNDS column, strike "170,212" and substitute "163,012".

Adjust affected totals accordingly.

Page 90, line 4, strike "$14,695.68" and substitute "$14,656.98" and, in the ITEM & SUBTOTAL column, strike "512,673,386" and substitute "511,323,440";

line 8, strike "$9,098.96" and substitute "$9,090.46" and, in the ITEM & SUBTOTAL column, strike "47,196,299" and substitute "47,152,193".

Page 91, line 6, strike "$6,973.19" and substitute "$6,969.79" and, in the ITEM & SUBTOTAL column, strike "371,204,084" and substitute "371,022,936".

Page 93, line 9, in the TOTAL column, strike "1,227,549,531" and substitute "1,225,974,331", in the GENERAL FUND column, strike "608,854,045(M)" and substitute "608,068,020(M)", and, in the FEDERAL FUNDS column, strike "608,842,353" and substitute "608,053,178" .

Adjust affected totals accordingly.

Page 133, line 8, in the ITEM & SUBTOTAL column, strike "1,797,976" and substitute "1,783,576".

Page 134, line 9, in the TOTAL column, strike "32,611,063" and substitute "32,596,663" and, in the CASH FUNDS EXEMPT column, strike "4,206,326c" and substitute "4,191,926c".

Adjust affected totals accordingly.

Page 135, line 1, strike "$2,199,780(T)" and substitute "$2,185,380(T)".

Adjust affected (T) notation totals accordingly.

Page 138, line 9, in the ITEM & SUBTOTAL column, strike "48,889,088" and substitute "48,807,008" and, in the CASH FUNDS column, strike "48,318,242a" and substitute "48,236,162a";

line 15, strike "$63.84" and substitute "$62.91", in the ITEM & SUBTOTAL column, strike "3,145,605" and substitute "3,099,845", in the GENERAL FUND column, strike "2,349,836" and substitute "2,313,228", and, in the CASH FUNDS EXEMPT column, strike "795,769c" and substitute "786,617c".

Adjust affected totals accordingly.

Page 140, line 9, strike "$587,459(L)" and substitute "$578,307(L)".

Adjust affected (L) notation totals accordingly.

Page 141, line 1, in the GENERAL FUND column, strike "6,464,502" and substitute "7,378,808" and, in the FEDERAL FUNDS column, strike "127,098,917b" and substitute "126,184,611b".

Adjust affected totals accordingly.

Page 112, line 13, in the ITEM & SUBTOTAL column, strike "453,383,472" and substitute "453,383,372" and, in the GENERAL FUND column, strike "199,078,196a" and substitute "199,078,096a".

Adjust affected totals accordingly.

Page 115, line 9, in the ITEM & SUBTOTAL column, strike "70,366,885" and substitute "70,366,985" and, in the GENERAL FUND column, strike "39,454,291a" and substitute "39,454,391a".

Adjust affected totals accordingly.

Page 119, line 3, in the ITEM & SUBTOTAL column, strike "625,220" and substitute "1,125,220" and, in the CASH FUNDS EXEMPT column, strike "625,220(T)a" and substitute "1,125,220(T)a".

Adjust affected totals and affected (T) notation totals accordingly.

Page 265, line 15, in the ITEM & SUBTOTAL column, strike "625,220" and substitute "1,125,220".

Page 266, line 1, in the ITEM & SUBTOTAL column, strike "3,758,620" and substitute "4,258,620" and, in the GENERAL FUND column, strike "3,758,620" and substitute "4,258,620".

Adjust affected totals accordingly.

Page 359, line 3, in the ITEM & SUBTOTAL column, strike "1,031,073" and substitute "999,600" and, in the GENERAL FUND column, strike "832,820(M)" and substitute "801,347(M)";

line 7, in the ITEM & SUBTOTAL column, strike "260,597" and substitute "250,749" and, in the GENERAL FUND column, strike "260,597" and substitute "250,749";

line 12, in the ITEM & SUBTOTAL column, strike "4,948,648" and substitute "4,761,638" and, in the GENERAL FUND column, strike "4,948,648" and substitute "4,761,638".

Adjust affected totals accordingly.

Page 121, after line 11, insert the following:

ITEM & GENERAL

SUBTOTAL FUND

$ $

"Cumbres and

Toltec Railroad

Commission 10,000 10,000".

Adjust affected totals accordingly.

Page 123, line 10, strike "Program" and insert "Program74a".

Page 129, line 3, after the period, add "It is further the intent of the General Assembly that the entire historic preservation grant process, from initial application to final contract award, be made more user friendly and that the State Historical Society report to the Joint Budget Committee by November 1, 1999, on efforts to streamline this process.".

Page 141, line 1, in the GENERAL FUND column, strike "6,464,502" and substitute "7,839,502" and, in the FEDERAL FUNDS column, strike "127,098,917b" and substitute "125,723,917b".

Adjust affected totals accordingly.

Page 147, line 14, in the ITEM & SUBTOTAL column, strike "3,194,528" and substitute "1,819,528" and, in the GENERAL FUND column, strike "1,375,000".

Adjust affected totals accordingly.

Page 141, line 1, in the GENERAL FUND column, strike "6,464,502" and substitute "6,198,790" and, in the FEDERAL FUNDS column, strike "127,098,917b" and substitute "127,364,629b".

Adjust affected totals accordingly.

Page 149, line 4, in the ITEM & SUBTOTAL column, strike "3,551,366" and substitute "3,889,853", in the GENERAL FUND column, strike "1,240,385(M)" and substitute "1,506,097(M)", and, in the FEDERAL FUNDS column, strike "1,971,022b" and substitute "2,043,797e";

line 5, in the ITEM & SUBTOTAL column, strike "(44.0 FTE)" and substitute "(50.0 FTE)".

Adjust affected totals accordingly.

Page 149, after line 14, insert the following:

"e Of this amount, $1,971,022 shall be from Child Care Development Funds and $72,775 shall be from Title IV-E of the Social Security Act.".

Page 151, line 10, in the ITEM & SUBTOTAL column, strike "960,000" and substitute "700,000" and, in the CASH FUNDS EXEMPT column, strike "960,000h" and substitute "700,000h".

Adjust affected totals accordingly.

Page 179, line 3, strike "Such other funding sources shall include, but not be limited to, federal Temporary Assistance to Needy Families Block Grant";

strike line 4.

Page 156, line 3, in the ITEM & SUBTOTAL column, strike "10,767,049" and substitute "11,607,049" and, in the GENERAL FUND column, strike "10,767,049" and substitute "11,607,049".

Adjust affected totals accordingly.

Page 276, strike line 8.

Adjust affected totals accordingly.

Page 279, strike lines 15 through 17.

Page 161, line 3, in the ITEM & SUBTOTAL column, strike "880,238" and substitute "915,258" and, in the GENERAL FUND column, strike "315,180" and substitute "350,200".

Adjust affected totals accordingly.

Page 646, strike lines 1 through 11.

Renumber succeeding section accordingly.

Page 198, line 4, in the ITEM & SUBTOTAL column, strike "67,481,538" and substitute "67,161,626" and, in the GENERAL FUND column, strike "67,481,538" and substitute "67,161,626";

line 5, in the GENERAL FUND column, strike "(1,445.1 FTE)" and substitute "(1,439.1 FTE)";

line 6, in the ITEM & SUBTOTAL column, strike "5,293,586" and substitute "5,280,486" and, in the GENERAL FUND column, strike "3,566,850" and substitute "3,553,750";

line 7, in the ITEM & SUBTOTAL column, strike "163,600" and substitute "426" and, in the GENERAL FUND column, strike "163,600" and substitute "426".

Adjust affected totals accordingly.

Page 203, line 12, in the ITEM & SUBTOTAL column, strike "19,763,961" and substitute "19,712,953" and, in the GENERAL FUND column, strike "19,763,961" and substitute "19,712,953";

line 13, in the GENERAL FUND column, strike "(321.4 FTE)" and substitute "(320.0 FTE)".

Page 204, line 3, in the ITEM & SUBTOTAL column, strike "1,164,879" and substitute "1,161,411" and, in the GENERAL FUND column, strike "1,152,129" and substitute "1,148,661";

line 4, in the ITEM & SUBTOTAL column, strike "43,904" and substitute "37,525" and, in the GENERAL FUND column, strike "43,904" and substitute "37,525".

Adjust affected totals accordingly.

Page 242, line 2, strike "Colorado." and substitute "Colorado. Further, this report should outline the actions being taken at each CERCLA site toward delisting the site from the U.S. Environmental Protection Agency's National Priorities List, as well as provide a time line estimating when each site will be removed from the National Priorities List. The Department is requested to submit this report to the Joint Budget Committee by November 1, 1999.".

Page 262, line 9, in the ITEM & SUBTOTAL column, strike "1,467,000" and substitute "2,643,899" and, in the GENERAL FUND column, insert "1,176,899";

line 10, in the GENERAL FUND column, insert "(2.5 FTE)" and, in the CASH FUNDS EXEMPT column, strike "(2.5 FTE)".

Adjust affected totals accordingly.

Page 293, line 7, in the ITEM & SUBTOTAL column, strike "1,717,754" and substitute "1,660,322", in the CASH FUNDS column, strike "858,877a" and substitute "830,161a", and, in the CASH FUNDS EXEMPT column, strike "858,877b" and substitute "830,161b";

line 8, in the ITEM & SUBTOTAL column, strike "(34.0 FTE)" and substitute "(32.0 FTE)";

line 9, in the ITEM & SUBTOTAL column, strike "112,418" and substitute "104,830", in the CASH FUNDS column, strike "56,209a" and substitute "52,415a", and, in the CASH FUNDS EXEMPT column, strike "56,209b" and substitute "52,415b".

Adjust affected totals accordingly.

Page 305, line 2, strike "Recreation" and substitute "Recreation190a";

line 5, in the ITEM & SUBTOTAL column, strike "4,310,191" and substitute "4,535,191".

Page 306, line 7, in the ITEM & SUBTOTAL column, strike "21,722,251" and substitute "21,947,251" and, in the CASH FUNDS column, strike "18,006,137a" and substitute "18,231,137a";

line 9, strike "$18,004,463" and substitute "$18,229,463".

Adjust affected totals accordingly.

Page 319, after line 1, insert the following:

"190aDepartment of Natural Resources, Division of Wildlife, Wildlife Related Recreation, Hunting Recreation -- The Division is requested to submit a study examining the causes of the decline in deer populations in Colorado. This study should specifically evaluate the effect predators are having on deer populations in Colorado, and should include recommendations to the General Assembly for improving deer management in the State. This report should be submitted to the Joint Budget Committee, the House Committee on Agriculture, Livestock, and Natural Resources, and the Senate Committee on Agriculture, Natural Resources, and Energy by November 1, 1999.".

Page 311, line 6, in the ITEM & SUBTOTAL column, strike "122,437" and substitute "149,437" and, in the GENERAL FUND column, strike "13,652" and substitute "40,652".

Adjust affected totals accordingly.

Page 311, after line 7, insert the following:

ITEM & GENERAL

SUBTOTAL FUND

$ $

"Soil Surveys 75,000 75,000".

Adjust affected totals accordingly.

Page 476, line 4, strike "OPERATIONS" and substitute "OPERATIONS251a".

Page 478, after line 15, insert the following:

"251aDepartment of Transportation, Construction, Maintenance, and Operations -- The General Assembly is concerned that the Department of Transportation does not currently provide toll-free information on roadway conditions in Colorado. The Department is requested to study the cost and feasibility of providing statewide toll-free telephone service for road conditions and information. This study should include an analysis of the additional cost of updating the information provided on the toll-free telephone service at least four to six times per day. This report should be submitted to the Joint Budget Committee by November 1, 1999.".

Page 487, line 3, strike "regulating carbon dioxide";

line 4, strike "or otherwise".

Page 545, after line 7, insert "Install Gantry Crane", in the ITEM & SUBTOTAL column, insert "49,500", in the CAPITAL CONSTRUCTION FUND EXEMPT column, insert "16,500", in the CASH FUNDS column, insert "16,500a", and, in the CASH FUNDS EXEMPT column, insert "16,500b".

Adjust affected totals accordingly.

Page 545, line 15, strike "a This amount" and substitute "a These amounts".

Page 546, line 1, strike "b This amount" and substitute "b These amounts".

Page 560, after line 8, insert the following:

CASH

ITEM & FUNDS

SUBTOTAL EXEMPT

$ $

"Land Acquisitions 2,500,000 2,500,000a".

Adjust affected totals accordingly.

Page 574, strike lines 7 and 8, and substitute the following:

"3aCapital Construction, Department of Natural Resources, Division of Wildlife -- It is the intent of the General Assembly that the Division better inform members of the General Assembly regarding the purchase of property and easements. As soon as the Division starts to consider a property acquisition or easement, the Division is directed to contact all members of the General Assembly whose districts would be impacted by the possible acquisition or easement. Such notification shall include the specific location of the property or easement to be acquired, the mechanism for funding the proposal, and the justification for seeking the acquisition or easement.".

2. That, under the authority granted the committee to consider matters not at issue between the two houses, the following amendment be recommended:

Amend rerevised bill, page 27, line 11, in the GENERAL FUND column, strike "1,957,218" and substitute "6,867,316" and, in the FEDERAL FUNDS column strike "4,910,098b";

line 14, in the GENERAL FUND column, strike "35,082,729" and substitute "30,172,631" and, in the FEDERAL FUNDS column, insert "4,910,098b".

Page 69, strike lines 11 through 13, and substitute the following:

"29Department of Education, Public School Finance, Total Program -- It is the intent of the General Assembly that, if less than $2,240,000 of this appropriation is used to backfill reductions in districts' property tax revenue due to business incentive agreements authorized by Section 22-32-110 (1) (ff) and (1) (gg), C.R.S., that are entered into prior to July 1, 1999, no more than an amount of this appropriation equal to the difference between $2,240,000 and the amount so used due to such existing agreements is to be used to backfill reductions in districts' property tax revenue due to such business incentive agreements that are entered into on or after July 1, 1999. It is the further intent of the General Assembly that, if $2,240,000 or more of this appropriation is used to back fill reductions in districts' property tax revenue due to such business incentive agreements that are entered into prior to July 1, 1999, no amount of this appropriation shall be used to backfill reductions in districts' property tax revenue due to such business incentive agreements that are entered into on or after July 1, 1999.".

Page 72, line 7, in the GENERAL FUND column, strike "2,086,341" and substitute "2,146,341" and, in the CASH FUNDS EXEMPT column, strike "95,568(T)a" and substitute "35,568(T)a".

Adjust affected totals and affected (T) notation totals accordingly.

Page 88, line 9, in the ITEM & SUBTOTAL column, strike "243,083" and substitute "250,841", in the GENERAL FUND column, strike "108,698(M)" and substitute "112,577(M)", and, in the FEDERAL FUNDS column, strike "121,541" and substitute "125,420".

Adjust affected totals accordingly.

Page 440, line 12, strike "$228,591" and substitute "$220,833", and strike "$202,712" and substitute "$210,470".

Page 89, line 13, strike "PREMIUMS49, 50, 51, 52, 53, 54, 55, 56, 57, 58" and substitute "PREMIUMS49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 58a".

Page 103, after line 16, insert the following:

"58aDepartment of Health Care Policy and Financing, Medical Services Premiums -- It is the intent of the General Assembly that the Department implement the payment methodology known as "lower of" for emergency transportation providers as assumed in this appropriation, pursuant to Section 26-4-404 (1) (b) (I) (A), Colorado Revised Statutes. In addition, the Department is authorized to provide per-mile rate increases for emergency transportation providers in the area of basic life support and advanced life support to help ensure adequate access to services. However, it is also the intent of the General Assembly that the FY 1999-2000 combined impact to emergency transportation providers of (1) the re-implementation of the "lower of" payment methodology for emergency transportation providers and (2) emergency transportation provider mileage rate enhancements result in a net reduction of no greater than the $280,000 total funds (including $139,720 General Fund and $140,280 federal funds) contained in this appropriation. The authorized rate enhancement for emergency transportation providers is thus limited to an amount equal to the difference between the estimated savings from the re-implementation of the "lower of" methodology for such providers and the $280,000 reduction assumed in this appropriation. The Department is requested to report to the Joint Budget Committee on its actions to increase emergency transportation provider rates no later than November 15, 1999.".

Page 149, line 4, in the FEDERAL FUNDS column, strike "1,971,022b" and substitute "1,971,022e";

line 12, strike "b These amounts" and substitute "b This amount";

after line 14, insert the following:

"e Of this amount, $1,850,022 shall be from Child Care Development Funds and $121,000 shall be from Title IV-E of the Social Security Act.".

Page 185, line 16, strike "serving 700 children operate for FY 1997-98, FY 1998-99, and FY" and substitute "serve 700 children in FY 1997-98 and FY 1998-99 and serve 507 children in FY 1999-2000.";

line 17, strike "1999-2000, prior to the end of which" and substitute "Prior to the end of this period,".

Page 203, line 11, strike "DEFENDER140" and substitute "DEFENDER139a, 140".

Page 204, line 15, strike "COUNSEL141" and substitute "COUNSEL140a, 141".

Page 212, after line 12, insert the following:

"139aJudicial Department, Public Defender ­­ In addition to the transfer authority provided in Section 24­75­110, C.R.S., up to 2.5 percent of the total Public Defender appropriation may be transferred between line items in the Public Defender's Office.";

after line 17, insert the following:

"140aJudicial Department, Alternate Defense Counsel ­­ In addition to the transfer authority provided in Section 24­75­110, C.R.S., up to 1.5 percent of the total Alternate Defense Counsel appropriation may be transferred between line items in the Alternate Defense Counsel's Office.".

Page 227, line 13, strike "$103,065" and substitute "$82,931".

Page 233, line 13, in the ITEM & SUBTOTAL column, strike "11,139,069" and substitute "11,238,069".

Page 234, line 3, in the TOTAL column, strike "13,257,331" and substitute "13,356,331" and, in the CASH FUNDS EXEMPT column, strike "13,141,081(T)b" and substitute "13,240,081(T)b".

Adjust affected totals and (T) notation totals accordingly.

Page 255, line 11, in the ITEM & SUBTOTAL column, strike "4,571,000" and substitute "7,171,000" and, in the GENERAL FUND column, strike "4,571,000" and substitute "7,171,000";

line 13, in the ITEM & SUBTOTAL column, strike "3,800,000" and substitute "1,200,000" and, in the GENERAL FUND column, strike "3,800,000" and substitute "1,200,000";

line 15, in the ITEM & SUBTOTAL column, strike "3,800,000" and substitute "1,200,000" and, in the CASH FUNDS EXEMPT column, strike "3,800,000a" and substitute "1,200,000a".

Adjust affected totals accordingly.

Page 256, line 10, strike "Section 24-32-2805(6)." and substitute "Section 24-32-2805(6), C.R.S.".

Page 295, line 9, strike "$168,812" and substitute "$161,590".

Page 335, line 13, in the GENERAL FUND column, strike "(45.0 FTE)" and substitute "(44.0 FTE)" and, in the CASH FUNDS EXEMPT column, insert "(1.0 FTE)".

Page 347, line 5, strike "September 1, 1999," and substitute "January 1, 2000,".

Page 366, strike line 5, and substitute the following:

"b Of this amount, $86,625 shall be from reserves in the Stationary Sources Control Fund and $14,700 shall be from cash funds exempt revenues that are from a voter-approved revenue change as a result of Amendment 14, concerning the regulation of commercial hog facilities, which was approved by voters statewide at the 1998 general election.".

Page 368, line 10, in the ITEM & SUBTOTAL column, strike "1,996,916" and substitute "1,896,909" and, in the CASH FUNDS EXEMPT column, strike "267,702b" and substitute "167,695b";

line 11, in the CASH FUNDS EXEMPT column, strike "(5.3 FTE)" and substitute "(3.3 FTE)".

Adjust affected totals accordingly.

Page 369, line 1, strike "Fund), $100,007 shall be from reserves in the Water Quality Control Fund" and substitute "Fund)";

line 5, in the ITEM & SUBTOTAL column, strike "1,967,117" and substitute "2,109,764" and, in the CASH FUNDS EXEMPT column, insert "142,647c";

line 6, in the CASH FUNDS EXEMPT column, insert "(2.0 FTE)";

line 7, in the ITEM & SUBTOTAL column, strike "233,704" and substitute "191,064" and, in the CASH FUNDS EXEMPT column, strike "53,692b" and substitute "11,052b";

after line 12, insert the following:

"c This amount shall be from cash funds exempt revenues that are from a voter-approved revenue change as a result of Amendment 14, concerning the regulation of commercial hog facilities, which was approved by voters statewide at the 1998 general election.".

Page 412, line 3, in the CASH FUNDS EXEMPT column, strike "354,912(T)a" and substitute "354,912a";

line 5, in the CASH FUNDS EXEMPT column, strike "31,165(T)a" and substitute "31,165a";

line 6, in the CASH FUNDS EXEMPT column, strike "40,531(T)a" and substitute "40,531a";

strike line 9 and substitute the following:

"a Of these amounts, $363,222(T) shall be from the Judicial Department out of the Victim Assistance and Law Enforcement Fund pursuant to Section 24-33.5-506, C.R.S. and $63,386 shall be from reserves in the Drug Offender Surcharge Fund.".

Adjust affected (T) notation totals accordingly.

Page 504, strike lines 3 and 4, and substitute the following:

"a This amount shall be from exempt institutional sources.".

Page 519, line 6, in the CASH FUNDS EXEMPT column, strike "23,000,000a" and substitute "23,000,000b";

line 8, in the CASH FUNDS EXEMPT column, strike "3,600,000a" and substitute "3,600,000b";

line 10, in the CASH FUNDS EXEMPT column, strike "410,000a" and substitute "410,000b";

after line 14, insert the following:

"a This amount shall come from exempt institutional sources.".

Page 520, line 1, strike "a These" and substitute "b These".

Page 521, line 9, in the CASH FUNDS EXEMPT column, strike "5,380,200a" and substitute "5,380,200b";

line 14, strike "sources and are shown here for informational purposes only. Therefore, they shall not be accounted for in the State's Capital" and substitute "sources.";

line 15, before "Construction" insert the following:

" b This amount shall be from exempt institutional sources and is shown here for informational purposes only. Therefore, it shall not be accounted for in the State's Capital".

Page 523, line 13, in the CASH FUNDS EXEMPT column, strike "10,364,038a" and substitute "10,364,038b".

Page 524, strike line 3, and substitute the following:

"a This amount shall be from exempt institutional sources.";

line 4, before "Construction" insert the following:

" b This amount shall be from exempt institutional sources and is shown here for informational purposes only. Therefore, it shall not be accounted for in the State's Capital".

Page 544, strike lines 1 and 2, and substitute the following:

"a This amount shall be from exempt institutional sources.".

Page 573, line 14, strike "units. The renovation of the second floor" and substitute "units, and rehabilitation of the second floor space occupied by the Colorado Historical Society. The renovation of the second floor occupied by the Colorado Commission on Higher Education".

Page 581, line 1, in the FY 98-99 NON-EXEMPT REVENUES column, strike "810,875" and substitute "22,000", in the FY 98-99 TOTAL REVENUES column, strike "810,875" and substitute "22,000", in the FY 99-00 NON-EXEMPT REVENUES column, strike "100,000" and substitute "22,000", and, in the FY 99-00 TOTAL REVENUES column, strike "100,000" and substitute "22,000";

line 2, in the FY 98-99 NON-EXEMPT REVENUES column, strike "22,000" and substitute "810,875", in the FY 98-99 TOTAL REVENUES column, strike "22,000" and substitute "810,875", in the FY 99-00 NON-EXEMPT REVENUES column, strike "22,000" and substitute "60,000", and, in the FY 99-00 TOTAL REVENUES column, strike "22,000" and substitute "60,000".

Adjust affected totals accordingly.

Page 596, line 1, in the FY 99-00 NON-EXEMPT REVENUES column, strike "12,672,535" and substitute "16,872,535" and, in the FY 99-00 TOTAL REVENUES column, strike "12,672,535" and substitute "16,872,535".

Adjust affected totals accordingly.

Page 598, line 9, in the ITEM & SUBTOTAL column, strike "1,847,498,615" and substitute "1,846,498,615" and, in the CASH FUNDS column, strike "5,915,354a" and substitute "4,915,354a".

Adjust affected totals accordingly.



Respectfully submitted,

Senate Committee: House Committee:

(Signed) (Signed)

Sen. Elsie Lacy, Chair Rep. Steve Tool, Chair

Sen. Dave Owen Rep. Gayle Berry

Sen. Gloria Tanner Rep. Todd Saliman



_________________________

On motion of Senator Blickensderfer, and with a two-thirds majority of those elected to the Senate having voted in the affirmative, Senate Rule 24(a) was suspended for Consideration of First Report of First Conference Committee on SB99-215.

_________________________


CONSIDERATION OF CONFERENCE COMMITTEE REPORT

SB 99-215 by Sen. Lacy; Rep. Tool--Long Appropriations Bill

Senator Lacy moved for the adoption of the First Report of the First Conference

Committee on SB99-215, printed in Senate Journal, April 13, pages 761-770. The motion was adopted by the following roll call vote:

YES 30


NO 2


EXCUSED 3


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

N

Tanner

Y

Andrews

Y

Feeley

Y

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

E

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

Y

Pascoe

Y

Thiebaut

Y

Chlouber

Y

Lacy

Y

Perlmutter

E

Wattenberg

Y

Congrove

N

Lamborn

Y

Phillips

Y

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

Y

Mr. President

Y

Epps

Y

Matsunaka

E

Sullivant

Y


The question being "Shall the bill, as amended, pass?" the roll was called with the

following result:

YES 24


NO 8


EXCUSED 3


ABSENT 0


Anderson

Y

Evans

Y

Musgrave

N

Tanner

Y

Andrews

N

Feeley

N

Nichol

Y

Tebedo

Y

Arnold

Y

Hernandez

E

Owen

Y

Teck

Y

Blickensderfer

Y

Hillman

N

Pascoe

Y

Thiebaut

N

Chlouber

Y

Lacy

Y

Perlmutter

E

Wattenberg

Y

Congrove

N

Lamborn

Y

Phillips

N

Weddig

Y

Dennis

Y

Linkhart

Y

Reeves

Y

Wham

Y

Dyer

Y

Martinez

Y

Rupert

N

Mr. President

Y

Epps

Y

Matsunaka

E

Sullivant

Y


COMMITTEE OF REFERENCE REPORT

State, After consideration on the merits, the committee recommends that the following be Veterans referred favorably to the Committee on Finance: HB99-1126 and Military

Affairs

FIRST REPORT OF FIRST CONFERENCE COMMITTEE

ON HB99­1305

*****************************

THIS REPORT AMENDS THE

REREVISED BILL

*****************************

To the President of the Senate and the

Speaker of the House of Representatives:

Your first conference committee appointed on HB99­1305, concerning weapons regulation, and, in connection therewith, standardizing firearms regulation as a matter of statewide concern, has met and reports that it has agreed upon the following:

That the House accede to the Senate amendments made to the bill, as said amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 4, line 10, strike "FEDERAL LAW." and substitute "18 U.S.C. SEC. 922.";

line 14, strike "FEDERAL LAW" and substitute "A COMPARABLE PROVISION OF 18 U.S.C. SEC. 922";

line 16, strike "FEDERAL LAW." and substitute "18 U.S.C. SEC. 922.".

Page 5, line 5, after "DISTRICT", insert "OR AUTHORITY";

strike lines 9 through 11.

Renumber succeeding subparagraphs accordingly.

Page 5, line 12, after "FIREARMS", insert "AT ANY ATHLETIC EVENT THAT IS SANCTIONED OR SPONSORED BY AN AMATEUR ATHLETIC ASSOCIATION OR".

Page 6, line 1, strike "FEDERAL OR";

line 2, strike "LAW;" and substitute "LAW OR ANY PROVISION OF 18 U.S.C. SEC. 922;";

line 13, change the period to a semicolon;

strike lines 14 through 25, and substitute the following:

"(X)  REGULATION OF ARMOR­PIERCING AMMUNITION, AS DEFINED IN 18 U.S.C. SEC. 921 (a) (17), TO THE EXTENT ARMOR­PIERCING AMMUNITION IS REGULATED IN 18 U.S.C. SEC. 922 (a) (7) AND (a) (8);

(XI)  REGULATIONS THAT PROHIBIT THE FLOURISHING OF A FIREARM IN A MANNER CALCULATED TO ALARM A REASONABLE PERSON.";

line 26, strike "(c)" and substitute "(b)", and strike "(IX)" and substitute "(VIII)".

Page 7, strike lines 11 through 17.

Renumber succeeding subsections accordingly.

Page 7, strike line 20, and substitute the following:

"INDIVIDUAL, PRIVATE PROPERTY OWNER, PRIVATE TENANT, PRIVATE EMPLOYER, OR PRIVATE BUSINESS ENTITY TO";

line 22, strike "PERSON OR" and substitute "INDIVIDUAL, PRIVATE PROPERTY OWNER, PRIVATE TENANT, PRIVATE EMPLOYER, OR PRIVATE";

strike lines 23 through 26 and substitute the following:

"(7)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO SUPERCEDE OR CONFLICT WITH THE PROVISIONS OF SECTION 18­12­105.5.

(8)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AUTHORITY OF THE GENERAL ASSEMBLY OR THE GOVERNOR TO REGULATE THE POSSESSION OR USE OF FIREARMS IN ANY BUILDING OR ON ANY PROPERTY OWNED BY THE STATE OR ANY AGENCY OR SUBDIVISION THEREOF AND IN ANY BUILDING WHOLLY OCCUPIED OR PORTION OF ANY BUILDING OCCUPIED BY THE STATE OR ANY AGENCY OR SUBDIVISION THEREOF.

(9)  IN THE EVENT ANY PORTION OF THIS SECTION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL, THE REMAINING PROVISIONS OF THIS SECTION SHALL BE VALID, UNLESS IT APPEARS TO THE COURT THAT THE VALID PROVISIONS OF THIS SECTION ARE SO ESSENTIALLY AND INSEPARABLY CONNECTED WITH, AND SO DEPENDENT UPON, THE VOID PROVISION THAT IT CANNOT BE PRESUMED THE LEGISLATURE WOULD HAVE ENACTED THE VALID PROVISIONS WITHOUT THE VOID ONE OR UNLESS THE COURT DETERMINES THAT THE VALID PROVISIONS, STANDING ALONE, ARE INCOMPLETE AND ARE INCAPABLE OF BEING EXECUTED IN ACCORDANCE WITH THE LEGISLATIVE INTENT.".

Page 10, after line 10, insert the following:

"SECTION 8.  Article 12 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18­12­105.7.  Unlawful possession of firearms ­ courts. (1)  A PERSON COMMITS A CLASS 1 MISDEMEANOR IF HE OR SHE KNOWINGLY POSSESSES A FIREARM IN ANY BUILDING EXCLUSIVELY USED AS A COURTHOUSE OR IN THE PORTION OF A BUILDING IN WHICH COURT IS CONVENED.

(2)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, IT SHALL NOT BE AN OFFENSE UNDER THIS SECTION IF:

(a)  THE PERSON IS AUTHORIZED BY THE CHIEF JUDICIAL OFFICER OF THE JUDICIAL DISTRICT IN WHICH THE COURTHOUSE IS LOCATED TO POSSESS A FIREARM IN THE BUILDING OR AUTHORIZED BY A JUDGE TO POSSESS A FIREARM IN THE COURTROOM IN WHICH THE JUDGE IS PRESIDING; OR

(b)  THE PERSON WHO POSSESSES THE FIREARM IS A PEACE OFFICER LEVEL I OR LEVEL Ia, AS DEFINED IN SECTION 18­1­901 (3) (l) (I) OR (3) (l) (II), OR A FEDERAL OFFICER WHOSE DUTIES ARE COMPARABLE TO THOSE OF A PEACE OFFICER LEVEL I OR LEVEL Ia.

SECTION 9.  Effective date ­ applicability. This act shall take effect upon passage, and section 8 of this act shall apply to offenses committed on or after said date.".

Renumber succeeding section accordingly.

Respectfully submitted,

House Committee: Senate Committee:

Rep. Gary McPherson, Chair Sen. Ginette Dennis, Chair

Rep. Doug Dean Sen. Alice Nichol

Rep. Bob Hagedorn Sen. Ken Chlouber


TRIBUTES -- A POINT OF INTEREST

Honoring the Zonta Club of Denver -- by Senator Linkhart

Honoring the members of the Year One Youth Corps -- by Senator Linkhart

______________________________

On motion of Senator Blickensderfer, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Tuesday, April 13, was laid over until Wednesday, April 14, retaining its place on the calendar.

______________________________

On motion of Senator Blickensderfer, the Senate adjourned until 8:30 a.m., Wednesday, April 14, 1999.

Approved:


Ray Powers

President of the Senate


Attest:

Patricia K. Dicks

Secretary of the Senate